[Amended 4-21-1987 by Ord. No. 569]
The uncontrolled existence on public or private grounds within
the Borough of poison ivy, poison oak, poison sumac, vines, briars
and thistles is hereby declared to be a public nuisance, injurious
to the health, safety, cleanliness and general welfare of the Borough,
and no owner or occupier shall permit any grass, weeds or vegetation
whatsoever, not edible or planted for some useful or ornamental purpose,
to grow or remain on a premises so as to exceed a height of six inches,
to throw off any unpleasant or noxious odor, to conceal any filthy
deposit or to create or produce pollen.
[Amended 4-21-1987 by Ord. No. 569]
All owners or occupiers of public or private grounds are hereby required to keep such lands or grounds free and clear of such vegetation as is referred to in §
73-1 or cut to the height permitted therein.
[Amended 12-21-1982 by Ord. No. 630; 4-21-1987 by Ord. No. 569]
Whenever the Borough Council shall determine the owner or occupier of any public or private grounds within the Borough is failing to maintain such grounds free and clear of such vegetation as is referred to in §
73-1 or cut to the height permitted therein, then it shall direct the Borough Secretary to give such owner or occupier of such public or private grounds a ten-day written notice to cut and remove the same.
[Amended 12-21-1982 by Ord. No. 630, 4-21-1987 by Ord. No. 569]
Should such owner or occupier of public or private grounds within the Borough fail to cut or remove such vegetation as is referred to in §
73-1 within 10 days from the receipt of such written notice, then the Borough Secretary, or any other representative of the Borough, shall cause to be lodged with the nearest available District Justice a complaint for failure to cut or remove the nuisance material pursuant to §
73-3.
[Amended 12-21-1982 by Ord. No. 630]
A. Upon conviction before the District Justice, any owner or occupier
of public or private land violating any of the provisions of this
chapter shall be sentenced to pay a fine of not less than $50 nor
more than $1,000 per violation, and costs of prosecution, or, in default
of payment of such fine and costs, to be imprisoned in the county
jail for not more than 30 days.
[Amended 4-21-1987 by Ord. No. 569; 5-17-1988 by Ord. No. 663-C]
B. Furthermore, the imposition of any penalty or jail term under this
chapter shall not preclude the Borough Secretary and Solicitor to
cause the aforesaid poisonous vines, briars, thistles or noxious weeds
to be removed from the property, thereby abating the nuisance, and
collecting the costs thereof, plus an additional penalty of 10%, from
such person or persons, owner or occupiers of public or private land
as authorized by law.
C. Furthermore, if the owner or occupier shall fail to pay the cost
or removal and any penalties and costs, the Borough Secretary and
Solicitor are hereby directed to prepare and file a municipal claim
therefor in the same manner as any other municipal claim is prepared
and filed of record, and they are hereby authorized to proceed with
the enforcement of the collection of such municipal claim or claims
against the real estate affected thereby.